Twentieth Century History of Findlay and Hancock County, Ohio, and Representative Citizens, Part 12

Author: Jacob Anthony Kimmell
Publication date: 1910
Publisher:
Number of Pages: 1189

USA > Ohio > Hancock County > Findlay > Twentieth Century History of Findlay and Hancock County, Ohio, and Representative Citizens > Part 12

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The first judicial officers of the county de- serve more than a passing notice, from their fidelity to business, their fairness in the dis- charge of their duties, and their unsullied character as men.

Judge Robert McKinnis was born in Butler County, Pennsylvania, and was of Scotch-Irish descent. He removed thence to Ross County, Ohio, and from thence, in 1822, he came to Hancock County, where he at once became one of the leading men. He married before his emigration to Ohio, and was surrounded by a grown up family when he came to this county. Not only was the Judge himself a noted man, but his sons, of whom there were four, Charles, Philip, James and John, were men who were trusted by the early settlers with positions of re- sponsibility, which positions were always filled with intelligence and honesty. Charles was one of the first commissioners of the county, a position which at that time, was one of peculiar importance. The affairs of a new county were to be put in shape, all the conflicting interests of rival settlements to be harmonized, public buildings and public business were to be looked after. To safely and successfully manage, and con- trol all these with economy, and to the best interests of a poor struggling population, required discrimination, decision and pa- tience. Mr. McKinnis did not fail in these

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qualifications. Judge McKinnis was the owner of a good farm in Liberty Town- ship, on the south bank of the Blanchard, and lived to enjoy the fruits of his toil. In after life, and when quite advanced in years, he made several trips to the far west, some of his children having removed there, going and returning alone in his wagon. He died at a ripe old age, loved and respected by all who had his acquaintance.

Judge Ebenezer Wilson came to the county in 1826, and settled in Liberty Town- ship, on a farm on which his son Joseph afterwards resided, where he continued his residence until his death. Of the Judge, it can be said that as a man, he enjoyed the respect and confidence of his neighbors to an unlimited extent. That he filled the office of Associate Judge, with intelligence and honesty, is evidenced by the fact that he held it for two terms-fourteen years- a greater length of time than did any other. The Judge was one of the pioneers of the Presbyterian church, and was noted for his exemplary life. He had a large family of children, who like himself, were social, good natured people. The Judge lived long enough to reclaim from the wilderness, and enjoy the blessings of one of the hand- somest farms in the county and to see those who had come into the wilds of the county with him, peaceably enjoy the fruit of their labor, and he had the good fortune to retain to the last the esteem and friendship of his old pioneer associates.

It is not known at just what time Judge Abraham Huff came to the county, but it was at a very early period in its history. There seems to be but little known of his history, except that he was an honorable,

straight-forward man, of good strong com- mon sense, and was an upright, intelligent Judge. He was a man of poor bodily health, and left the county at an early day, going to the State of Missouri, in hopes of re- gaining his health, in which he partially succeeded.

The following is a complete record of the term of the first Court of Common Pleas held in the county, which was the June term in 1828:

At a Court of Common Pleas begun and held in the town of Findlay, in and for the county of Hancock, in the State of Ohio, on the third day of June, in the year of our Lord eighteen hundred and twenty-eight. Present, the Associate Judges, Abraham Huff, Robert McKinnis and Ebenezer Wilson, the Presiding Judge not being present. Don Alonzo Hamlin, Sheriff, Wilson Vance, Clerk pro-tem., Anthony Casad was appointed by the Court to prose- cute the Pleas in behalf of the State, for said county for the term of one year, and to be allowed forty dollars for his services."

"Elijah T. Davis was appointed Admin- istrator on the effects of Thomas Wilson, late of Findlay Township, deceased. Joshua Hedges and Squire Carlin were accepted as his sureties, bonds given in the sum of Five Hundred dollars. Joshua Hedges, Jacob Poe and Charles McKinnis were appointed appraisers of said effects. On application ordered that the citizens of Welfare (now Delaware) Township have leave to elect one justice of the peace. One justice of the peace was appointed for Amanda Town- ship. The Court appointed Wilson Vance recorder of Hancock County for the term

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of seven years, and the Court adjourned half at each term of Court." Seven years Clerk without day.

ABRAHAM HUFF."

The first Grand Jury was composed of the following named persons: Josepy DeWitt, John P. Hamilton, Jacob Poe, Asa Lake, Charles McKinnis, Reuben Hales, Mordica Hammond, William Wade, John Boyd, Henry George, William Moreland, James McKinnis, William Taylor, Edwin S. Jones and John C. Wickham. The foreman was William Taylor.

The first Petit Jury summoned was as fol- lows: John Beard, Joseph Johnson, John Huff, William Moreland, Jr., John Tullis, John J. Hendricks, Thomas Thompson, James Pettis, and there being no business for a Jury they were discharged without filling the panel. Ra- chel Wilson was appointed guardian of Re- becca and Jane Wilson, minor children of Thomas Wilson, deceased. Rebecca was eight and Jane one year old. When grown up Re- becca became the wife of John Reed, of Liberty Township, and Jane the wife of George L. Poe, of Allen Township.

On application, a license was granted to Wil- liam Taylor to vend merchandise at his resi- dence in Findlay, until the first day of April next, he to pay into the treasury two dollars and twenty-five cents for said license.

At the November term of the Court it "Ap- pearing that there was no business before the Grand Jury, they were discharged." At the same term William Taylor was appointed Sur- veyor of the county, and the Clerk ordered to certify the same to the Governor. William Taylor, William Hackney and Mordica Ham- mond were appointed examiners of common schools. It was "ordered by the Court that there be allowed to the Clerk of the Court the sum of ten dollars each year, to be paid one

of the Court for the magnificent sum of seventy dollars.

A special session of the court was held on the 19th day of March, 1829, for the purpose of granting letters of administration on the estate of John Patterson. William Taylor was appointed. Mr. Patterson was a brother of the wife of Mr. Taylor.

At the April term, 1829, Judges Huff, Wil- son and McKinnis were present, also Sheriff John C. Wickham, Clerk Wilson Vance and Prosecuting Attorney Anthony Casad. The Grand Jury, the second one called and empan- eled in the county was as follows: Robert Long, Amos Beard, Thomas Cole, John Shoe- maker, Reuben W. Hamblin, Samuel Sargeant, William J. Greer, Robert Elder, John Hunter, Isaac Johnston, Nathan Frakes, Reuben Hales, Jacob Foster, William Moreland, Jr., Nathan Williams. The foreman was William J. Greer. Due notice having been given, William Taylor was licensed to keep a tavern at his house in Findlay, by paying five dollars. The Grand Jury, at this session, found a bill of indictment -the first ever returned in the county.

The first case on the civil docket was that of Robert Elder and wife against Asa Lake and wife for slander. Damages claimed, five hun- dred dollars. The action was brought at the November term, 1828, Abel Rawson, plaintiff's Attorney. A judgment was rendered for the defendants, and the plaintiffs ordered to pay the costs, taxed at two dollars and twenty-two cents. Such a cost bill as that would not go very far towards paying the costs of a slander suit in these days, neither would it make the officers of the court either rich or happy.

The case of Henry McWhorter against Sam- uel Sargeant and Abraham Huff was tried at

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the April term, 1830, before Ebenezer Lane, President Judge, and Judges Wilson and Mc- Kinnis, associates. The action was upon note of hand, and amount claimed four hundred dollars, and one hundred dollars damages. "Now comes the plaintiff by Mr. Godman, his attorney, and the defendant being three times solemnly called came not, but made default. It is therefore considered that the plaintiff re- cover of said defendants the sum of $237.83, his debt aforesaid, together with his damages assessed by the court at one cent, and his costs of suit to be taxed at $3.30.

The case of the State of Ohio against Thomas Slight was tried before a jury com- posed of Joshua Hedges, Vanrensalear Han- cock, John Elder, Seldon Blodgett, Sampson Dildine, James McKinnis, William DeWitt, Jo- siah Elder, Thomas F. Johnson, Asa M. Lake, Asa Lake and Mathew Reighly. Verdict, guilty. Second trial allowed, case finally dis- missed.

Perhaps no cases tried in the county excited more interest at the time than those in which John P. Hamilton and Charles and Philip Mc- Kinnis figured. Charles McKinnis and John P. Hamilton were both county commissioners, and a petition had been presented to the Board, praying for the division of Findlay Township which then included all the western part of the county. To this proposition McKinnis, and perhaps his immediate constituency, were op- posed, as it struck them off from Findlay. At the session in which the matter was to be de- termined, McKinnis after coming to town was attacked with the ague, and consequently was not able to meet with the Board. In his ab- sence Hamilton and the other commissioner passed the act dividing the township. This was done no doubt without any intention of

showing discourtesy to McKinnis, but it seems that McKinnis did not so regard it, for when the matter came to his ears, he was greatly en- raged, as he believed they had purposely taken advantage of his absence to pass the obnoxious order. As soon as he was able to be on the street, meeting Hamilton, whom he considered as the prime mover in the matter, he attacked him and gave him a severe beating. Philip Mc- Kinnis happening to come to town and hearing that his brother Charles and Hamilton had been in a fight, and knowing that Charles was sick, took it for granted that his brother had been worsted in the fight. In his impetuous manner, he started out to find the man whom he supposed had taken an undue advantage and meeting Hamilton, without further cere- mony pitched into him and repeated the dose which Charles had administered. Thus by mis- take Hamilton got two beatings, for had Philip known that Charles had come out first best in the fight, or even that he had been the aggres- sor, and got whipped in a fair fight, he would not have interfered. The matter came before the courts and bills of indictments were found by the Grand Jury. The record says that to the indictment "the defendants say they are guilty, and threw themselves on the mercy of the court." The sentence pronounced by the court against Charles McKinnis was "that said McKinnis pay a fine of one dollar, and the costs of suit, taxed $2.24, and that he stand. charged until the sentence of the court is com- plied with and be in mercy." The case against Philip was disposed of in the same way.

John P. Hamilton, in September, 1829, by T. C. Powell, his attorney, brought suit against Charles McKinnis for damages sustained by him in the assault and battery, claiming five hundred dollars damage. The case was tried

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to a jury composed as follows: Joshua Elder, Don Alonzo Hamblin, Robert L. Strother, Joseph Egbert, Joshua Powell, Nathan Wil- liams, William Greer, John J. Hendrichs, Mor- dica Hammond, Peter George, Thomas Thompson and William Morehead. Verdict, guilty. Damages assessed at seventy-five dol- lars. Suit was also brought against Phillip McKinnis, and a judgment of thirty-five dol- lars was recovered.

Anthony Casad, of Bellefontaine, Ohio, was appointed prosecuting attorney of the county at the magnificent sum of forty dollars a year. Among the names of attorneys practicing in the courts in that day, and for many years sub- sequently, we find those of Casad, Godman, Powell, Goit, Hall, Bates, Morrison, O'Neal, Coffinberry, Patterson, May and Rawson. In 1835, Robert L. Strother and John W. Bald- win were appointed Associate Judges, in place of Huff and McKinnis, Judge Wilson being reappointed. Judge Baldwin held the office but a short time, and upon his resignation, Major Bright was appointed.

In 1842, John Ewing, Mordica Hammond and William Roller were appointed, and they were succeeded by Michael Price, John Cooper and Gamaliel C. Brandel, and with them the race of associate judges became extinct, as the Constitution of 1851 abolished the office. The people of the county were very fortunate in the appointment of judges, as all were, at least, of the best citizens of the county.

Edson Goit, the first resident lawyer of Findlay, was born in Oswego County, New York, October 18, 1808. When he was quite small his father died, but, through improving every opportunity during his boyhood years he managed to obtain a fair education and taught school ere reaching

his majority. In 1827 he left his early home and traveled across Ohio until arriving at the village of Fremont. Here he halted and subsequently taught school in Fremont and Tiffin. During this period Mr. Goit read law under Rudolphus Dickinson, of Fremont, and Abel Rawson, of Tiffin, and July 12, 1832, was admitted to practice. Learning that Findlay, the then new county seat of Hancock County, had no lawyer he at once concluded to come here and cast in his fortunes with the then ham- let. Traveling on foot from Tiffin, he reached Findlay on the third day of his journey and went to reside in the home of Dr. Rawson, a practicing physician of the village. This was in August, 1832, and in September he was appointed prosecuting attorney, which position he held until June, 1836. The office of prosecuting attorney, however, paid a very small salary during this period of the county's history, and for several months after settling in Findlay Mr. Goit patiently waited for clients that never came. Discouraged at the poor out- look, he at last made up his mind to leave the town, but ere he had carried out his in- tention the tide turned and he was engaged to teach a school, being thus guaranteed sufficient to pay his board. Clients soon began to consult him, hope took the place of despondency and he gave up the idea of leaving Findlay. While boarding at the tavern of William Taylor in 1835, he mar- ried Miss Jane Patterson, a sister of Mrs. Taylor, with whom she was living. In May, 1836, Mr. Goit was appointed auditor, vice John C. Schnnon, deceased, and served till March, 1837. In April, 1837, he was again appointed prosecuting attorney, but

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resigned the office in October, 1838. The both of whom are dead. No man has ever lived in Findlay who is more kindly re- membered than Edson Goit. He was charitable to a fault and every worthy pub- lic enterprise found in him a warm friend and generous support. Mr. Goit built while living in Findlay what was then the largest block in Findlay. The Karg Bros. meat-market block is a portion of the build- ing he erected, although the entire struc- ture was remodeled during the boom.

same month he was elected treasurer and filled that office two successive terms. Be- sides attending to the duties of his profes- sion he now launched out boldly into other pursuits. He accumulated a large amount of land and engaged extensively in mer- cantile business in Hancock, Allen and Putnam Counties. He, however, got too many irons in the fire ; his business was too complex for judicious management, and his large land interests finally became an in- cumbrance and proved his financial down- fall. From January, 1858, to January, 1862, he again filled the office of prosecut- ing attorney and this finished his official career. Mr. Goit possessed unbounded energy and though a fair lawyer, did not devote sufficient attention to his profession to keep up with the times. He was a man of fine personal appearance and dignified carriage, and was regarded as a very strong jury lawyer. Though he lost the fruits of a lifetime of persevering industry he did not, however, "fail" as that term is com- monly understood, but paid his creditors to the last penny, no man losing a cent by him, and his every promise being faithfully redeemed. Such was his sterling honesty that his principal solace at the hour of his death was the fact that he owed no man a dollar. His first wife died in the spring of 1863, leaving a family of three sons and one daughter. One of the sons was subse- quently killed in the War of the Rebellion. Mr. Goit was afterwards married to Mrs. Sarah A. McConnell, of Van Buren, and in the fall of 1867 removed to Bowling Green, where he died May 29, 1880. Two daugh- ters were born of the second marriage,

Arnold F. Merriam was the second law- yer to locate in Findlay. He was born in Brandon, Vt., December 17, 1811, and was there educated and began the study of law. In early manhood he removed to Zanes- ville, Ohio, where he completed his law studies and was admitted to practice. He soon afterward started for Vinton County, where he intended to locate. During his journey he met Wilson Vance, who in- duced him to change his mind and come to Findlay. He arrived here in the spring of 1835 and entered into partnership with Edson Goit. In June, 1836, he was ap- pointed prosecuting attorney, which office he filled till April, 1837, when he resigned. On the 27th of May, 1837, he married Miss Sarah A. Baldwin, who bore him one son and two daughters. In January, 1838, Mr. Merriam started the Hancock Republican, the first Whig paper published in the county, which he published about a year. He then removed to Mansfield, Ohio, sold the press and subsequently went to Ken- tucky where he died in July, 1844. His widow returned with her family to Findlay, and afterward married Judge Robert Strother. The lady lived here for some few

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years, the venerable Mrs. S. A. Strother, whom everybody loved and revered.

John H. Morrison, the third lawyer who came to Findlay, was one of the best known members of the pioneer bar. P. B. Morrison and the Misses Morrison of this city, one of whom is now dead, were son and daughters of the once celebrated lawyer. He was born in Uniontown, Penn., in 1802, but re- moved when quite young to Perry County,. Ohio, where at the age of fifteen he lost his right arm by accident. Young Morrison received a good common school education, read law in the office of Philemon Beecher, of Lancaster, Ohio, began practice in Bu- cyrus, and afterwards filled the office of prosecuting attorney and treasurer of Craw- ford County. In the fall of 1836 he located in Findlay and soon became well known throughout northwestern Ohio. Mr. Mor- rison was married in Perry County, Ohio, to a Miss Henthorn, who died at Bucyrus without issue. He afterwards married in Perry County, Ohio, a Miss Henthorn, who died at Bucyrus, without issue. Subse- quent to this second bereavement, he mar- ried Miss Nancy Williams, who reared a family of five children, two of whom still reside in Findlay. He died April 19, 1864.

Jacob Barnd was a bright, promising. young lawyer, who died in 1845. He was a native of Perry County, Ohio, and a son of Christian Barnd, a pioneer of 1831, in which year he removed with his parents to this county. In 1832 the family moved from the farm into Findlay where Jacob afterward studied law under Edson Goit. He was admitted to the bar in 1837 and in October, 1838, was appointed prosecuting attorney, but served only until the end of

the term of court, which was October 9, 1838. He filled the recorder's office two terms, from October, 1838, to October, 1844, and it is probable that he did not prac- tice much during that period. He left two sons at his death.

Jude Hall came to Findlay about 1836, where he followed the carpenter's trade, and sometimes preached the gospel. He was a queer specimen of the genus homo and quite an eccentric character. He read law with Edson Goit and soon after his ad- mission to the bar in 1838 he was elected prosecuting attorney, being re-elected in 1840. In 1843 he removed to Defiance and thence to Upper Sandusky, where further trace of him was lost.

Hon. Charles W. O'Neal comes next in the order of time. He was born in Middle- town, Frederick County, Maryland, Janu- ary 18, 1811, and in 1833 removed to Zanes- ville, Ohio, where the following year he was married to Miss Amy J. Baldwin. In July, 1835, he came to Findlay and began the study of law in the office of Goit and Merriam and in August, 1838, was admit- ted to practice. Mr. O'Neal was a practical surveyor and did a great deal of surveying in this county. He was also one of the pioneer school teachers of Findlay. In 1836 he was elected auditor serving one term, and he also represented this district in the State Senate from 1844 to 1846. He practiced his profession in Hancock County nearly forty years, retiring from active practice a few years prior to his death, and removing to Indiana, whence he returned and died in Findlay, December 20, 1879. Mr. O'Neal, though a safe counsel- lor, was not an advocate and rarely ap-

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peared in that capacity in any important case. He was very methodical and digni- fied in his practice, terse and forcible in argument and always courteous to the op- posing counsel. He was close and econom- ical in his business habits and very success- ful in the accumulation of wealth, leaving to his descendants a handsome fortune.

Abel F. Parker was born in Cavendish, Windsor County, Vermont, May 11, 1800, and died in Findlay, May 31, 1881, in his eighty-second year. In early manhood he settled in Genesee County, New York, where he removed with his family to Blanchard Township, this county, two years later locating in Findlay. He read law under Edson Goit and was admitted to the bar in 1842. The same year he was elected prosecuting attorney and served one term. In 1846 he was again elected prosecutor and re-elected in 1848, but re- signed the office in 1849. Mr. Parker also filled the office of postmaster of Findlay. His first wife died in 1848, leaving a family of one son and two daughters. In 1852 Mr. Parker married Sarah A. Robinson, who bore him two sons and one daughter. His two daughters, Misses Julia and Dora, re- sided in this city many years, and his son, Judge Robert Parker, resided in Bowling Green. Though Mr. Parker lived to the ripe old age of more than four score years, he nevertheless continued in practice up to within a short period of his decease. He loved his profession and was highly re- spected by his associates of the bar.

Ezra Brown was born in Lown, Canada, August 4, 1814, and when about three years old removed with his parents to what is now the town of Albion, Orleans County,

New York. There he resided till October, 1839, when he came to Findlay. Entering the law office of John H. Morrison, he was admitted to the bar in July, 1842. He formed a partnership with his preceptor and continued in practice until February, 1847, then removed to a farm in Wood County, near Fostoria. In the spring of 1852 Mr. Brown returned to Findlay, and resumed the practice of his profession. He remained in practice till the fall of 1880 and then retired from the active duties thereof. In the spring of 1885 Mr. Brown was elected justice of the peace, which office he held until his death, some time later. He was mayor of Findlay and a member of the council. On the IIth of November, 1845, he married Miss Jane E. Biglow, who died February 4, 1873, leaving a family of two daughters, Miss Metta, who was a teacher in the schools in Portland, Oregon, and Mrs. S. P. DeWolf, wife of the ex-county auditor and manager of the Findlay Morn- ing Republican. A son died at Memphis, Tenn., in 1863, while serving the Union Army.

Elijah Williams was also a student in the office of Mr. Morrison and was admitted with Ezra Brown in July, 1842. He practiced in Findlay about eight years, when he removed to Portland, Oregon, where he died a few years ago. He is remembered as a sharp, shrewd, but diffident lawyer.

Hon. Machias C. Whiteley was born May 24, 1822, and died several years previous to 1901. He came of Scotch-Irish parentage and was born at East New Market, Dorchester County, Md. His paternal grandfather was a patriot of the Revolution and his father served in the War of 1812 against the British. In

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1832 his parents, Willis and Elizabeth White- active practice almost up to the time of his ley, removed their family to Baltimore, Fair- death. He was one of the most prominent at- torneys of northwestern Ohio and a Democrat of Democrats, but absolutely refused to vote when the registration law went into effect. field County, where the subject of this sketch worked on a farm and attended the common schools of the neighborhood. He subsequently learned the harness trade, which he followed William M. Patterson was admitted to the bar at Tiffin July 4, 1843, on the same day as Mr. Whiteley. He was born in Harrison County, Ohio, March 24, 1812, and in the spring of 1834 came to Findlay with his par- ents, Major John and Elizabeth Patterson. He read law with Charles W. O'Neal and upon his admission began practice in Findlay. In 1844 he was elected prosecuting attorney and served one term. He was married in 1834 to Susan Amspoker and resided in Findlay till 1854, when, with his wife and four children, he removed to Kansas. He died in the spring of 1858 from the effects of an accident caused by a boiler explosion in the fall of 1855 in a saw-mill which he was then operating. until coming to Findlay in 1840. For two years he worked in the clerk's office, devoting his spare time to reading law with Goit & O'Neal and then returned to Fairfield County, where he continued his law studies with Medill & Whitman, of Lancaster. On the 4th of July, 1843, he was admitted to the bar at Tiffin and immediately opened a law office in Findlay where he gradually attained a lucrative prac- tice. In 1847 Mr. Whiteley married Miss Sarah A. Henderson, a native of Wayne Coun- ty, Ohio, and daughter of William L. Hen- derson, a leading surveyor of Hancock County, and one of its earliest settlers. Nine children were born to this union. In 1848 Mr. White- ley was elected to the legislature and re-elected in 1849. While in the legislature he took part in the election of Salmon P. Chase to the United States Senate and secured the charter of the Pittsburg, Ft. Wayne and Chicago Rail- road. In 1856 he was a delegate to the Dem- ocratic National Convention which nominated Buchanan and Breckenridge for president and vice-president of the United States. The same fall he was elected judge of the court of Com- mon Pleas, for the Third Subdivision of the Ninth Judicial District, and was re-elected in 1861, serving on the bench ten years. In 1864 Judge Whiteley was nominated on the Demo- cratic ticket for supreme judge, but with the balance of the ticket was defeated, the state going largely Republican that year. Upon re- tiring from the bench in 1867 Judge Whiteley resumed practice in Findlay and continued in

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Twentieth Century History of Findlay and Hancock County, Ohio, and Representative Citizens, Part 12

Author: Jacob Anthony Kimmell Publication date: 1910 Publisher: Number of Pages: 1189

Author: Jacob Anthony Kimmell
Publication date: 1910
Publisher:
Number of Pages: 1189